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WHITE HORSE v. BOWEN

Nos. 86-5005, 86-5006.

809 F.2d 529 (1987)

Lavina WHITE HORSE, Suella High Elk, Yvonne Garreaux and Susan Chiu, on behalf of themselves, their children, and all others similarly situated, Appellees, v. Otis R. BOWEN, Secretary of the United States Department of Health and Human Services, Appellant, and James W. Ellenbecker, as Secretary of the South Dakota Department of Social Services.

United States Court of Appeals, Eighth Circuit.

Decided January 16, 1987.

Rehearing and Rehearing and Motion for Stay of Mandate Denied April 14, 1987.

Attorney(s) appearing for the Case

Carlene V. McIntyre, Washington, D.C., for appellant.

Billy J. Jones, Mission, S.D., for appellees.

Before HEANEY and WOLLMAN, Circuit Judges, and BATTEY, District Judge.

Rehearing and Rehearing En Banc and Motion for Stay of Mandate Denied April 14, 1987.**

WOLLMAN, Circuit Judge.

The Secretary of Health and Human Services (Secretary) appeals the district court's order enjoining the enforcement of the Secretary's regulation, 45 C.F.R. § 206.10(a)(1)(vii)(B) (1985), requiring that applications for public assistance for dependent children under the Aid to Families with Dependent Children program...

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